Complaints, Discipline, and Unprofessional Conduct
Complaint and discipline process
The Board receives complaints from patients, licensees and the public. It may screen, investigate, dismiss or resolve informally; contested cases proceed under the Montana Administrative Procedure Act. The Board may impose reprimand, probation, suspension, revocation, fines, CE or practice restrictions. Licensees must cooperate with investigations and respond to Board communications.
Unprofessional conduct
Statute and rules define unprofessional conduct; common categories include fraud or misrepresentation, practicing beyond scope, incompetence or negligence, impairment, confidentiality breaches, false CE attestation, failure to maintain records and failure to cooperate. Discipline can follow conduct that occurs outside the office if it bears on fitness to practice.
Worked example
A patient complains that a licensee released records without authorization. Reasoning: the Board may investigate whether the release violated confidentiality and recordkeeping rules. The licensee should respond factually, preserve records and avoid contacting the complainant in a retaliatory way. If the Board finds a violation, sanctions must be proportionate and may include CE or monitoring.
Traps
- Treating a Board complaint as a malpractice lawsuit; the standards and procedures differ.
- Ignoring a Board letter or deadline.
- Altering or destroying records after a complaint.
- Assuming a private settlement ends the Board matter.
- Discussing the investigation publicly in a way that breaches confidentiality.